Trademark Manual of Examining Procedure (TMEP)
Chapter 1100: Intent-to-Use Applications and Requests to Divide

October 2015 Edition of the TMEP
TMEP Chapter Index

Chapter 1100: Intent-to-Use Applications and Requests to Divide

1101: Bona Fide Intention To Use the Mark In Commerce

1102: Initial Examination of Intent-to-Use Applications

1102.01: Substantive Refusals

1102.02: Drawings

1102.03: Intent-to-Use Applications and the Supplemental Register

1102.04: Claims of Acquired Distinctiveness under §2(f)

1103: Allegations of Use

1104: Amendment to Allege Use Under §1(c) of the Act

1104.01: Minimum Filing Requirements for an Amendment to Allege Use

1104.01(a): Review by Legal Instruments Examiner for Compliance with Minimum Filing Requirements

1104.01(b): Processing an Amendment to Allege Use that Does Not Meet Minimum Filing Requirements

1104.01(c): Processing Defective Amendment to Allege Use Filed with Other Amendments

1104.02: Form of Amendment to Allege Use

1104.03: Time for Filing Amendment to Allege Use

1104.03(a): Use on All Goods/Services Required Before Filing

1104.03(b): The "Blackout Period"

1104.03(c): Processing Amendment to Allege Use Filed During the Blackout Period

1104.04: Processing Timely Amendment to Allege Use Located After Publication

1104.05: Amendment to Allege Use Filed in Conjunction with Application

1104.06: Processing Amendment to Allege Use Received Before Application Is Assigned to an Examining Attorney

1104.07: Amendments to Allege Use and Ex Parte Appeals

1104.08: Requirements for a Complete Amendment to Allege Use

1104.09: Acceptance of Amendment to Allege Use that Meets Minimum Filing Requirements by Examining Attorney

1104.10: Examination of Amendment to Allege Use on the Merits for Compliance with Statutory Requirements

1104.10(a): Issuance of Office Action Related to Amendment to Allege Use

1104.10(b): Common Examination Issues Related to Amendments to Allege Use

1104.10(b)(i): Ownership

1104.10(b)(ii): Verification and Date of Execution

1104.10(b)(iii): Identification of Goods/Services

1104.10(b)(iii)(A): Identification of Nature of Collective Membership Organization

1104.10(b)(iv): Use in Commerce and Dates of Use

1104.10(b)(v): Specimen

1104.10(b)(vi): Drawing

1104.10(b)(vii): Fees

1104.11: Amendment and Withdrawal of Amendment to Allege Use

1105: Publication of Intent-to-Use Applications for Opposition

1106: Notice of Allowance

1106.01: Issuance of the Notice of Allowance

1106.02: Action by Examining Attorney After Issuance of the Notice of Allowance

1106.03: Cancellation of Notice of Allowance

1106.04: Correction of Errors in Notice of Allowance

1107: Amendment After Issuance of the Notice of Allowance and Before Filing of the Statement of Use

1107.01: Examination of Amendment Filed After the Notice of Allowance Issues but Before a Statement of Use Is Filed

1108: Requests for Extensions of Time to File the Statement of Use

1108.01: Time for Filing Requests for Extensions of Time to File the Statement of Use

1108.02: Requirements for Request for an Extension of Time to File a Statement of Use

1108.02(a): Ownership

1108.02(b): Verification

1108.02(c): Filing Fees

1108.02(d): Identification of Goods/Services
1108.02(d)(1): Identification of Collective Membership Organization

1108.02(e): Bona Fide Intention to Use the Mark in Commerce

1108.02(f): Good Cause Required for Extensions Beyond the First Six-Month Extension –Trademarks and Service Marks

1108.02(g): Good Cause Required for Extensions Beyond the First Six-Month Extension – Collective Marks

1108.02(h): Good Cause Required for Extensions Beyond the First Six-Month Extension – Certification Marks

1108.03: Only One Extension Request May Be Filed with or After a Statement of Use – "Insurance" Extension Request

1108.03(a): Processing Extension Request Filed After Statement of Use Has Been Referred to Examining Attorney

1108.04: Recourse After Denial of Extension Request

1108.05: Petitions from Denial of Request for an Extension of Time to File a Statement of Use

1109: Statement of Use Under §1(d) of the Trademark Act

1109.01: Minimum Filing Requirements for a Statement of Use

1109.02: Review for Compliance with Minimum Filing Requirements

1109.02(a): Petition to Review Refusal Based on Noncompliance with Minimum Filing Requirements

1109.03: Use on All Goods/Services Required Before Filing

1109.04: Time for Filing Statement of Use

1109.05: Form of Statement of Use

1109.06: Requirements for a Complete Statement of Use

1109.07: Examination of the Statement of Use — In General

1109.08: Examination of the Statement of Use – New Requirements and Refusals

1109.09: Use in Commerce

1109.09(a): Dates of Use

1109.09(b): Specimens

1109.10: Ownership

1109.11: Verification and Execution

1109.11(a): Authority of Signatory

1109.11(b): Verification of Essential Elements

1109.11(c): Date of Execution

1109.11(d): Signature of Electronically Transmitted Statement of Use

1109.12: Drawing

1109.13: Identification of Goods/Services in Statement of Use

1109.14: Classification

1109.15: Filing Fees

1109.15(a): Processing Deficient Fees

1109.16: Correcting Defects in Statement of Use

1109.16(a): Statutory Requirements that Must Be Met Within Statutory Filing Period

1109.16(b): Issuance of Examining Attorney’s Office Action Holding that a Statement of Use Does Not Meet the Statutory Requirements

1109.16(c): Requesting an Extension of Time to File a Statement of Use for the Purpose of Compliance with Statutory Filing Requirements

1109.16(d): Response to Office Action Required Within Six Months of Issuance Date Regardless of Expiration Date of Period for Filing the Statement of Use

1109.16(e): Applicant’s Recourse After Refusal of Registration

1109.17: Withdrawal of the Statement of Use Prohibited

1109.18: Approval of the Statement of Use

1110: Request to Divide an Application

1110.01: Application May Be Divided

1110.02: Fees for Filing Request to Divide

1110.03: Time for Filing Request to Divide

1110.04: Form and Processing of Request to Divide

1110.05: Outstanding Time Periods Apply to Newly Created Applications

1110.06: Signature of Request to Divide

1110.07: Dividing an Application when Statement of Use Is Due

1110.08: Dividing an Application when Response to Office Action Is Due

1110.09: Dividing an Application Subject to a Proceeding at Trademark Trial and Appeal Board

1110.10: Dividing a §44 Application

1110.11: Dividing a §66(a) Application

1110.11(a): Dividing a §66(a) Application After Change of Ownership with Respect to Some but Not All of the Goods/Services

1110.12: Division of Registrations